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2018 (9) TMI 1573 - AT - Central ExciseCENVAT credit - clearance of capital goods after use - whether the appellant, on the clearance of capital goods after use for substantial period, is required to pay duty or otherwise in terms of Rule 3(5) of Cenvat Credit Rules, 2004? - determination of CENVAT Credit by taking into account depreciation, justified or not? Held that:- In the earlier order, Tribunal has held that there would be duty liability, the matter was remanded for re-quantification after considering depreciation, therefore, issue on demand of cenvat credit which was re-quantified by adjudicating authority is not open for fresh decision - demand upheld. Penalty u/s 11AC - Held that:- The matter was not free from doubt which is evident from the remand order of the Tribunal itself that on the same issue, the matter referred to the Larger Bench wherein it was decided that duty is payable after considering depreciation - It is also fact that the demand of duty was raised for normal period. Considering all these facts, it is clear that there is no suppression of fact on the part of appellant - Penalty not justified. Demand of Interest - Held that:- As per the provision existing during the relevant period under Rule 14 even if the assessee does not utilize the credit wrongly availed but if it is availed then also the interest was chargeable - demand of Interest upheld. Appeal allowed in part.
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